Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART

2015 ◽  
Vol 43 (2) ◽  
pp. 255-258
Author(s):  
Judith Daar
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Patient Autonomy ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Assisted Conception ◽  
Patient Protection ◽  
Disclosure Laws ◽  
Transparency And Disclosure ◽  
Required Disclosures

Transparency and disclosure in the health care realm occupy a vital link between the delivery of medical services and patient autonomy. In her article, “Disclosure Two Ways,” Erin Bernstein skillfully explores this link in the context of abortion and assisted conception services, keenly observing the rise in mandatory disclosure laws in both arenas. Her thesis, as I understand it, is that laws that require enhanced disclosure above traditional informed consent thresholds can be understood as neutral tools in the name of patient protection, even — or perhaps especially — when their effect is to persuade a patient to forego the requested treatment. She combats the critique that pre-abortion required disclosures are sui generis, arguing against their uniqueness by analyzing them alongside a swell of mandated disclosure laws in the assisted reproductive technologies (ART) context.

scholarly journals Conceiving of Products and the Products of Conception: Reflections on Commodification, Consumption, ART, and Abortion

2015 ◽  
Vol 43 (2) ◽  
pp. 293-306 ◽  
Author(s):  
Jody Lyneé Madeira
Keyword(s):  
Health Care ◽  
Assisted Reproductive Technologies ◽  
Medical Profession ◽  
Reproductive Technologies ◽  
Care Provision ◽  
Money Markets ◽  
Patient Role ◽  
Care Relationship ◽  
Products Of Conception ◽  
Care Relationships

Thorny and difficult questions permeate the issue of commodification of assisted reproductive technologies (ART) and abortion. Are ART and abortion services or medical treatment? Are those who seek them patients or consumers? How should we understand the complex relationship between money, markets, choice, and the care relationship?This paper rejects the dichotomy between patient and consumer roles and focuses instead on how attributes of each are meaningful to those seeking health care. Arguing that health care is already commodified, it suggests that both medicine and the market offer strategies for handling commodification. The important questions are how we understand these attributes and their role in care relationships, and which attributes we should encourage. The medical profession and patient role have long accommodated commodification, using fiduciary roles, flat fees and opaque pricing to distance payment and pricing from care provision.

A Stable Environment

2016 ◽  
Author(s):  
Katharine Dow
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Assisted Conception ◽  
Reproductive Ethics ◽  
Maternal Bonding ◽  
Single Sex ◽  
The People ◽  
The Everyday ◽  
Everyday Work ◽  
Good Reproduction

This chapter concludes that the book has explored what the people of Spey Bay think about the ethics of reproduction and assisted reproductive technologies in order to elucidate what reproductive ethics is, not only in the sense of what people judge to be good but also in terms of what counts as belonging to the domain of ethics. In Spey Bay, the key values people associated with “good” reproduction and parenthood were responsibility, care, and altruism and one way they expressed this was in the hope that people—and not necessarily only the infertile or single-sex couples—would consider adoption or fostering before turning to assisted conception. In this ethnography, the book has also introduced the concept of ethical labor to describe some of the characteristics of the everyday work that goes into making a good life in Spey Bay. It has examined what the people thought about surrogacy, maternal bonding, and environmentalism.

scholarly journals POLST Signature Requirements: Responding With Compassion While Ensuring Informed Consent

2020 ◽  
pp. 104990912095308
Author(s):  
Robert Macauley ◽  
Susan Tolle
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Decision Maker ◽  
Health Care Professional ◽  
Patient Autonomy ◽  
Necessary Condition ◽  
Surrogate Decision Maker ◽  
Decisional Capacity ◽  
Spiritual Distress ◽  
Surrogate Decision

The majority of states require the signature of a surrogate decision maker on a POLST form for a patient who lacks decisional capacity. While commendable in its intention to ensure informed consent, in some cases this may lead the surrogate to feel that they are signing their loved one’s “death warrant,” adding to their emotional and spiritual distress. In this paper we argue that such a signature should be recommended rather than required, as it is neither a sufficient nor necessary condition of informed consent. Additional steps—such as requiring the attestation and documentation of the signing health care professional that verbal consent was fully informed and voluntary—can achieve the ultimate goal of respecting patient autonomy without adding to the surrogate’s burden.

Assisted Reproductive Technology in Spain: Considering Women's Interests

2009 ◽  
Vol 18 (3) ◽  
pp. 228-235 ◽  
Author(s):  
INMACULADA DE MELO-MARTÍN
Keyword(s):  
Assisted Reproductive Technology ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Reproductive Technology ◽  
Assisted Conception ◽  
National Healthcare ◽  
The World ◽  
National Healthcare System ◽  
The Subject ◽  
Catholic Tradition

It might come as a surprise to many that Spain, a country with a strong Catholic tradition that officially banned contraceptive technologies until 1978, has some of the most liberal regulations in assisted reproduction in the world. Law No. 35/1988 was one of the first and most detailed acts of legislation undertaken on the subject of assisted-conception procedures. Indeed, not only did the law permit research on nonviable embryos, it made assisted reproductive technologies available to any woman, whether married or not, through the national healthcare system.

scholarly journals “Man Cannot Exist Alone”: The Challenge of Health Care to Honor the Role of Women in Society

2018 ◽  
Vol 85 (4) ◽  
pp. 327-330
Author(s):  
Jonathan Scrafford
Keyword(s):  
Health Care ◽  
Reproductive Health ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Natural Family Planning ◽  
Social And Emotional ◽  
Emotional Bonds ◽  
Parents And Children ◽  
Women's Role ◽  
Over Time

Women’s roles in society are changing. While most of those changes recognize and enhance the contributions of feminine ingenuity to human development, some threaten to isolate women physically, socially, and emotionally. Developments in reproductive health care, and the writings of Pope Saint John Paul II, offer lenses by which to evaluate the shifting landscape of women’s role in society. On the one hand, practices such as contraception, abortion, surrogacy, and assisted reproductive technologies over time will weaken the physical, social, and emotional bonds that procreation has held between man and woman, parents and children, and families and society. On the other hand, the expansion of different modes of natural family planning and pregnancy support centers offers to preserve those bonds. Summary: Women’s role in families, and therefore society, is invaluable. Several approaches to reproductive health offered by medicine may isolate women over time, and some evidences suggest we are already seeing that effect. Other approaches to women’s health may be able to preserve the physical, emotional, and social bonds that integrate women to the family, and therefore society.

Argumentation and informed consent in the doctor–patient relationship

2012 ◽  
Vol 1 (1) ◽  
pp. 5-18 ◽  
Author(s):  
Jerome Bickenbach
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Patient Autonomy ◽  
Argumentation Theory ◽  
Necessary Condition ◽  
Patient Relationship ◽  
Doctor Patient Relationship ◽  
Consent To Treatment

Argumentation theory has much to offer our understanding of the doctor-patient relationship as it plays out in the context of seeking and obtaining consent to treatment. In order to harness the power of argumentation theory in this regard, I argue, it is necessary to take into account insights from the legal and bioethical dimensions of informed consent, and in particular to account for features of the interaction that make it psychologically complex: that there is a fundamental asymmetry of authority, power and expertise between doctor and patient; that, given the potential for coercion, it is a challenge to preserve the interactive balance presumed by the requirement of informed consent; and finally that the necessary condition that patients be ‘competent to consent’ may undermine the requirement of respecting patient autonomy. I argue argumentation theory has the resources to deal with these challenges and expand our knowledge, and appreciation, of the informed consent interaction in health care.

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